Results 1-20 of 45 for in 'Dáil debates' segment:1741616

Departmental Investigations. (30 Mar 2004)

Pat Rabbitte: Question 2: To ask the Taoiseach if the Government has directed an audit of the Statute Book in order to ascertain the number of enactments vulnerable to challenge on the grounds set out in the judgments of the courts in cases (details supplied) as constituting an impermissible delegation of legislative power of the State; if a programme of curative measures is considered necessary; and if he...

Departmental Investigations. (30 Mar 2004)

Bertie Ahern: As a result of an examination by the Attorney General of recent court judgments on the delegation of legislative power, the Government has directed that each Department undertake an audit of the part of the Statute Book for which it has responsibility regarding delegations of legislative powers which may be affected by the decision of the Supreme Court of 27 January 2004, and the decision of...

Departmental Investigations. (30 Mar 2004)

Pat Rabbitte: Does the Taoiseach agree that the kind of powers about which we are talking, which, up to now at least, have enabled Ministers to make orders, regulations, by-laws, statutory instruments, or delegated secondary legislation, are littered throughout the Statute Book? This has been the practice. Arising from the cases I instanced to which the Taoiseach referred, and to the subsequent...

Departmental Investigations. (30 Mar 2004)

Bertie Ahern: On the timing, the Departments were made aware that this was a matter of urgency. I hope their report to the Attorney General will be completed promptly. The Attorney General will then have to consider the extent to which changes will have to be made. It is his view that it is the prerogative of the legislature to solve any problem that currently exists by way of primary legislation. In other...

Departmental Investigations. (30 Mar 2004)

Trevor Sargent: As the Taoiseach mentioned the Carrickmines Castle case, would he accept a synopsis of it would indicate that a joint application was made by Dún Laoghaire-Rathdown Council and the Minister for the Environment, Heritage and Local Government, Deputy Cullen, to effectively destroy a national monument and then the Minster gave approval to himself for the action to go ahead? Does he not believe...

Departmental Investigations. (30 Mar 2004)

Rory O'Hanlon: The Deputy is well outside the scope of this question.

Departmental Investigations. (30 Mar 2004)

Trevor Sargent: The essence of the question is whether curative measures are to be brought in. That is the point I am asking the Taoiseach about when he says in his reply——

Departmental Investigations. (30 Mar 2004)

Rory O'Hanlon: The Deputy is asking the Taoiseach to interpret legislation that was enacted many years ago.

Departmental Investigations. (30 Mar 2004)

Trevor Sargent: I am simply trying to elicit from the Taoiseach, when he says he has not got plans for curative measures, whether the new national monuments Bill envisaged will ensure there is not a conflict between the Minister applying for and then approving an action that effectively seeks to destroy something he is charged with protecting. If he is not to have any other curative measure, will the new...

Departmental Investigations. (30 Mar 2004)

Bertie Ahern: We do not yet have the list of curative measures. Obviously, when the report is completed there will be a list of the curative measures required. It will mean, if the scheme of the legislation provides for two or more Ministers or agencies as participants in the decision making process, that this can only be altered through primary legislation. It has been the practice in this House for...

Departmental Investigations. (30 Mar 2004)

Jim O'Keeffe: Does the Taoiseach think there should, perhaps, be a new approach as regards secondary legislation? Part of the problem of secondary legislation is that it goes through automatically, is lodged in the Oireachtas Library, and unless there is a motion within 21 sitting days, it is never debated by the House. Even if an Opposition party member tables a motion, it must then be debated in Private...

Departmental Investigations. (30 Mar 2004)

Bertie Ahern: The Deputy has a point regarding such processing. That is now being done in the European legislation committee.

Departmental Investigations. (30 Mar 2004)

Jim O'Keeffe: It is a good precedent.

Departmental Investigations. (30 Mar 2004)

Bertie Ahern: It is, and I agree with it. I have no argument against the principles outlined in the judgment. Primary legislation should basically be quite broad. Legislation coming before the House should relate to principles which one should not be able to oppose. The courts tell us that, in secondary legislation, we should not amend an Act so as to make it contrary to the primary legislation. That is...

Departmental Investigations. (30 Mar 2004)

Pat Rabbitte: From what the Taoiseach has said, I presume he agrees with the principle that changing the law is a matter for Parliament and not for Executive action. I refer him to the case of the Public Service Superannuation (Miscellaneous Provisions) Bill, which is still before the House, in respect of the superannuation of public servants, for example, and which will impact on the superannuation Acts....

Departmental Investigations. (30 Mar 2004)

Bertie Ahern: I do not want to go into individual Acts. However, whether legislation concerns social welfare, tax or pensions, so long as the basis and the principles of it are established, then as time progresses and matters move on, a Minister should be entitled to change it by order. This process should be protected so long as the principles and the basis of the legislation are not changed. Time moves...

Departmental Investigations. (30 Mar 2004)

Pat Rabbitte: I do not disagree with the Taoiseach on the overall process. However, in this case the principles are actually being changed. Extending pension rights to people aged 65 years, or for whatever different categories of public servant there are, is more than just updating superannuation entitlements.

Departmental Investigations. (30 Mar 2004)

Bertie Ahern: This will be for new admissions to the public service and not for existing public servants. These arguments go back to the introduction of the 65 years of age retirement provision and the reason for it. However, a Minister can make orders for new cases in legislation, so long as it does not change the principles. The principle behind this legislation is that people are entitled to...

Departmental Investigations. (30 Mar 2004)

Pat Rabbitte: Many teachers, as well as Members, will have a different viewpoint.

Departmental Investigations. (30 Mar 2004)

Bertie Ahern: It is subject to people changing too.